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FREE CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
June 22, 2000
H. 3120
S. Printed 4/25/00--S.
Read the first time March 11, 1999.
TO AMEND SECTION 23-3-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CRIMINAL DATA MADE BY LAW ENFORCEMENT AGENCIES AND COURT OFFICIALS TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO ADD THAT THE FINGERPRINTS OF PERSONS SUBJECTED TO LAWFUL CUSTODIAL ARREST AND PERSONS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES MUST BE SUBMITTED TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTION 23-3-620, RELATING TO PERSONS REQUIRED TO BE INCLUDED IN THE STATE DNA DATABASE, SO AS TO INCLUDE PERSONS CONVICTED OR ADJUDICATED DELINQUENT FOR A VIOLENT CRIME AND OTHER ENUMERATED CRIMES, AND TO REQUIRE THAT PERSONS CONVICTED OR ADJUDICATED DELINQUENT OF VIOLENT CRIMES AND OTHER ENUMERATED CRIMES MUST PROVIDE A DNA SAMPLE AS A CONDITION OF PROBATION OR PAROLE; TO AMEND SECTION 23-3-700, RELATING TO THE IMPLEMENTATION OF THE DNA RECORD DATABASE ACT BEING CONTINGENT ON FUNDING, SO AS TO ADD THAT SLED SHALL BEGIN COLLECTING DNA FOR THE CRIMES ENUMERATED HEREIN BY JULY 30, 2000; TO AMEND SECTION 23-6-420, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE; TO AMEND SECTION 17-3-310, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, TO HAVE SIX MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDER ASSOCIATION, AND THE SOUTH CAROLINA BAR ASSOCIATION AND TO HAVE ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000; TO AMEND SECTION 20-7-8325, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-8325 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8325. (A) At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the parole board, showing in what manner the delinquent child has violated the conditional release. A child returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's case by the parole board. The parole board is the final authority to determine whether or not the child failed to abide by the aftercare rules and conditions of release.
(B) An aftercare counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole into custody upon the issuance of a warrant for violating the conditions of his release."
SECTION 2. Section 20-7-8335 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8335. (A) To be eligible for appointment as a probation counselor, an applicant must possess:
(1) a college degree involving special training in the field of social science or its equivalent;
(2) a personality and character as would render the applicant suitable for the functions of the office.
(B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.
(C)(1) The Duties duties of the probation counselors include:
(a) conducting an investigation of the child and the child's home as may be required by the court;
(b) to be being present in court at the hearing of cases; and
(c) to furnish furnishing to the court information and assistance as the judge may require; and
(d) to take taking charge of a child before and after hearings as may be directed by the court.
(2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.
(D) A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody.
(E) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board."
SECTION 3. Section 23-3-120 of the 1976 Code, as added by Act 7 of 1995, is amended to read:
"Section 23-3-120. (A) All law enforcement agencies and court officials shall must report all criminal data and related information within their respective jurisdictions to the system State Law Enforcement Division's Central Record Repository all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the State Law Enforcement Division may require requires. This information must include criminal data and related information on regarding juveniles charged with offenses within their respective jurisdictions pursuant to Section 20-7-8510.
(B) A person subjected to a lawful custodial arrest for a state offense must be fingerprinted. Fingerprints taken by a law enforcement agency or detention facility pursuant to this section must be submitted to the State Law Enforcement Division's Central Record Repository within three days, excluding weekends and holidays, for the purposes of identifying record subjects and establishing criminal history record information.
(C) The Department of Corrections and the Department of Probation, Parole and Pardon Services must submit the fingerprints of persons taken into custody to the State Law Enforcement Division's Central Record Repository within three days after incarceration or intake, excluding weekends and holidays. Information concerning the probation segment of a criminal history record is not required if that information is established in the record."
SECTION 4. Section 23-3-620 of the 1976 Code, as added by Act 497 of 1995, is amended to read:
"(A) Following sentencing and at the time of intake at a jail or prison, a sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person convicted or adjudicated delinquent on or after June 30, 1995 July 1, 2000, for:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653; involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and
(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(2) a any criminal offender convicted or adjudicated delinquent on or after July 1, 2000, who is ordered by the court to provide a sample.
(B) A person convicted offender who is required to provide a DNA sample under subsections (A)(1) or (A)(2) but who is not sentenced to a term of confinement shall must provide a sample as a condition of their his sentence. This sample to shall be taken at a prison, or jail, or other location as specified by the sentencing court.
(B)(C) At such time as possible and before parole or release from confinement, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided by:
(1) a person who is was convicted or adjudicated delinquent before July 1, 1995 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 1995 2000, for:
(a) criminal sexual conduct in the first degree as defined in Section 16-3-652; a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) criminal sexual conduct in the second degree as defined in Section 16-3-653; involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); or sexual intercourse with patient or trainee (Section 44-23-1150); and
(c) criminal sexual conduct with a minor in the first or second degree as defined in Section 16-3-655;
(d) assault with intent to commit criminal sexual conduct as defined in Section 16-3-656;
(2) a violent any criminal offender ordered by the court to provide a sample who was convicted or adjudicated delinquent before July 1, 2000, and who was sentenced to and is serving a term of confinement on or after July 1, 2000.
(D) An agency having custody of an offender who is required to provide a DNA sample under subsections (C)(1) or (C)(2) shall must notify SLED at least seventy-two hours three days, excluding weekends and holidays, before the individual is paroled or released from confinement.
(C)(E) At such time as possible and before release from confinement or release from the agency's jurisdiction, a suitable sample from which DNA may be obtained for inclusion in the State DNA Database must be provided as a condition of probation or parole by:
(1) A person sentenced to probation or currently paroled and remaining under supervision of the State or its political subdivisions shall provide a sample as a condition of their probation or parole convicted or adjudicated delinquent before July 1, 2000, who is serving a probated sentence or is paroled on or after July 1, 2000, for:
(a) a violent crime (Section 16-1-60), excluding drug trafficking (Sections 44-53-370(e) and 44-53-375(C)); arson in the first degree (Section 16-11-110(A)); and arson in the second degree (Section 16-11-110(B)); or
(b) involuntary manslaughter (Section 16-3-60); the common law offense of assault and battery of a high and aggravated nature; criminal sexual conduct in the third degree (Section 16-3-654); assault with intent to commit criminal sexual conduct, third degree (Section 16-3-656); burglary, third degree (Section 16-11-313); spousal sexual battery (Section 16-3-615); spousal sexual battery (Section 16-3-658); criminal domestic violence of a high and aggravated nature (Section 16-25-65); eavesdropping or peeping (Section 16-17-470); stalking (Section 16-3-1700); aggravated stalking (Section 16-3-1700); committing or attempting lewd act upon child under sixteen (Section 16-15-140); first degree sexual exploitation of a minor (Section 16-15-395); sexual intercourse with patient or trainee (Section 44-23-1150); and
(2) any criminal offender ordered by the court who was convicted or adjudicated delinquent before July 1, 2000, and who is serving a probated sentence or is paroled on or after July 1, 2000.
(D)(F) A person providing who provides a sample pursuant to this article also shall must provide such other information as may be required by SLED.
(E)(G) A person required to provide a sample pursuant to this section may be required to provide another sample if the original sample is lost, damaged, contaminated, or unusable for examination.
(F)(H) The provisions of this section apply to juveniles notwithstanding the provisions of Section 20-7-8510."
SECTION 5. Section 23-3-700 of the 1976 Code, as added by Act 497 of 1995, is amended to read:
"Section 23-3-700. Implementation of this article and the requirements under this article are contingent upon annual appropriations of sufficient funding and upon promulgation of regulations. However, the State Law Enforcement Division shall begin collecting DNA samples for analysis for crimes outlined in this article no later than July 30, 2000."
SECTION 6. Section 23-6-420(A) and (B) of the 1976 Code, as last amended by Act 505 of 1994, is further amended to read:
"(A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen fifteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the Department of Public Safety;
(4) the Director of the Department of Natural Resources;
(5) the Director of the Department of Corrections;
(6) the Director of the Department of Probation, Parole and Pardon Services;
(6)(7) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;
(7)(8) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8)(9) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(9)(10) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(10)(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(11)(12) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12)(13) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;
(13)(14) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years; and
(14)(15) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.
(B)(1) The members provided for in (1) through (7) (8) above are ex officio members with full voting rights.
(2) The members provided for in (8) (9) through (14) (15) above shall serve terms as herein provided in subsection (A). In the event that If a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation."
SECTION 7. Section 24-21-280 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-21-280. (A) A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require.
(B) A probation agent must have has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board."
SECTION 8. Sections 3, 4, and 5 of this act take effect July 1, 2000. Sections 1, 2, 6, and 7 take effect upon approval by the Governor.
/s/Glenn F. McConnell /s/John Graham Altman
/s/Glenn G. Reese /s/James Gladney McGee, III
Robert Ford /s/Fletcher Nathaniel Smith, Jr.
On Part of the Senate. On Part of the House.
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